78R4942 JSA-D

By:  Rose                                                         H.B. No. 1084



A BILL TO BE ENTITLED

AN ACT

relating to the availability of a legislative continuance in a 
judicial matter.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 30.003(b) and (c), Civil Practice and 
Remedies Code, are amended to read as follows:
	(b)  Except as provided by Subsection (c), at any time within 
30 days of a date when the legislature is to be in session, at any 
time during a legislative session, or when the legislature sits as a 
constitutional convention, the court on application shall continue 
a case in which a party applying for the continuance or the attorney 
for that party is a member or member-elect of the legislature and 
will be or is attending a legislative session.  The court shall 
continue the case until 30 days after the date on which the 
legislature adjourns.
	(c)  If the attorney for a party to the case is a member or 
member-elect of the legislature who was employed on or after the 
30th day [within 10 days] before the date on which the suit is set 
for trial, the continuance is discretionary with the court.
	SECTION 2.  The change in law made by this Act applies only 
to an application for a continuance under Section 30.003, Civil 
Practice and Remedies Code, that is made on or after the effective 
date of this Act.  An application for a continuance under Section 
30.003, Civil Practice and Remedies Code, that is made before the 
effective date of this Act is covered by the law in effect when the 
application or request was made, and the former law is continued in 
effect for that purpose.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.